Your Rights Against Police Searches When You Are Away

Illegal Searches While You Are Away From Home – Know Your Rights

You may know that the police generally don't get to search your home without a warrant or permission. What happens, though, if someone else lets them in? Many of us live in a rental home or share a living space with a roommate. If that person lets the police in, you may think you lose your privacy rights. Fortunately, it does not work that way. If the police search your home without you present, they may not be able to use anything they find against you. An experienced criminal defense lawyer can help you here.

Landlord Permission

If you rent your home, your landlord almost certainly has the ability to unlock the doors and let someone in. That said, the physical ability does not give him or her a legal right to invite the police in. Unless you have given your consent or there is a reason to believe there is an emergency, the police cannot enter without your permission. 

Roommate Permission

Having roommates makes the situation more complicated. If they are on the lease for your home, any of them can give consent for the police to enter. The common living areas, like the living room, kitchen, and other non-private areas, are available for the police to search. Still, if you have your own bedroom, someone else's permission to enter does not give them the right to search that room. If the police find evidence in your room in this situation, it can be thrown out at a trial later.

Search Warrants

Of course, if the police obtain a proper search warrant, they do gain the legal right to enter your home, even if you are not there. In that scenario, you would need to challenge the validity of the warrant. It can seem like the police have unlimited rights, but both the United States and Wisconsin constitutions give you a right to privacy against an unreasonable search. For help with your criminal defense, contact Eisenberg Law Offices online or at 608-256-8356.

This post was originally published at https://www.eisenberglaw.org/your-rights-against-police-searches-when-you-are-away/.

Keep Your Distance Behind Other Vehicles

To avoid auto accidents, keep a safe distance from the vehicle ahead of you

We all have times driving when we get impatient. The driver in front of you might be moving slowly, or you may be in a hurry. Still, tailgating does almost nothing to get you to your destination faster. If you move too close to the driver in front of you, you put yourself and others in danger. Take time to focus on safety when you are on Wisconsin highways.

Tailgating Limits Your Reaction Time

One reason that you should keep a safe distance between vehicles is to give yourself more time to stop. If the vehicle in front of you stops suddenly, driving right behind that car gives you little time to react. Even if you react in time, the road conditions, your tires, and the quality of your brakes all have an impact that you must take into account. The best reflexes in the world will not let you avoid an accident when you are immediately behind another vehicle.

Tailgating Cuts Your Vision Down

Beyond limiting your reaction time, tailgating keeps you from being able to see everything around you. If you are immediately behind another vehicle, you may not be able to see whether someone else is too close in the other lane, or what dangers might lurk ahead of you. The more space you have, the better vision you have of both road conditions and other vehicles.

Tailgating Adds Stress to the Drive

Finally, driving too close to other drivers adds stress for you and the person in front of you. Sometimes tailgating leads to road rage and rash decisions while driving. Other times, it might just make you or the other driver anxious, making errors in judgment more likely. Most drivers perform better without added pressures, and tailgating is one kind of pressure you can avoid applying.

Contact A Car Accident Attorney in Madison WI if you’ve been in an accident

None of us are perfect drivers. Giving more space between you and the vehicle in front of you gives you time to react and makes everyone safer on the highway. If you have been in an accident, contact Eisenberg Law Offices, online or at 608-256-8356.

This post was originally published at https://www.eisenberglaw.org/keep-your-distance-behind-other-vehicles/.

Do You Need a Lawyer after a Car Accident?

You may want to hire a car accident lawyer after an accident

In Wisconsin and every state in the country, drivers are required to carry auto insurance. This should provide an effective process of getting your medical costs and vehicle damage covered. Sometimes, that process fails. You may have trouble recovering all that is due for a variety of reasons. If you think you may not get everything you should, it is time to contact a lawyer.

Severe Injuries from a car accident

One of the biggest reasons you may need to call a lawyer is a severe injury. If someone died or suffered serious medical issues, the insurance limits may not be enough to cover the damages. Even if they are, you may have ongoing costs and treatments that a settlement offer does not take into account, both directly due to your injuries and incidental to them. An experienced attorney can help you get what you are entitled to receive.

Questions of Fault in an Accident

Some accidents are more complicated than others. If several drivers are involved, it can be hard to determine who bears what fault for the accident. Sometimes the other driver does not agree with your description of events, or the police report has an error in it. Any of these can make it harder for you to recover full damages for the accident. If the facts are complex or disputed, you need legal help to sort them out.

Insurance Concerns after a Car Accident

Finally, insurance companies pay money on claims all the time, but their goal is always to pay out as little as they can. The other driver's insurer may try to offer a lowball offer or argue that you are entitled to less than you really are. If you feel like you are not being treated fairly, an attorney can help you negotiate or take your case to court.

Most accidents are minor and can be sorted out quickly by insurance companies. Before you accept an offer, though, plan to work with an attorney. Eisenberg Law Offices can help you in the Madison, Wisconsin area. Contact us online or at 608-256-8356 to learn more.

This post was originally published at https://www.eisenberglaw.org/do-you-need-a-lawyer-after-a-car-accident/.

Wisconsin Domestic Violence Abuse | Domestic Violence Crimes

These 4 Types Abuse Are Considered Domestic Violence Under Wisconsin Law

Domestic violence laws in Wisconsin are comprehensive and harsh for offenders. It is crucial to build a strong defense when facing allegations of domestic violence and that starts with a thorough understanding of what kinds of abuses fall into this category.

4 Categories of Domestic Violence

Most people recognize domestic crimes as occurring between spouses, but it can extend beyond spousal relationships to live-in partners (or former live-in partners) and between adults who have a child together. The crime is classified by the type of abuse that occurred. Wisconsin defines domestic crimes into four categories of abuse:

1. Physical. Physical abuse is any type of behavior that is violently inflicted on another such as biting, hitting, kicking, slapping, or shoving.
2. Sexual. Sexual abuse may be any type of sexual behavior or actions that happen without consent.
3. Emotional. Emotional abuse usually takes the form of attacks on the victim's self-esteem or self-worth.
4. Economic. Economic abuse happens when victims are coerced into giving up control over their finances.

Physical and sexual abuse are the most commonly reported of the four, but this is primarily due to a lack of awareness that emotional and economic crimes may also qualify.

Allegations Do Not Mean Guilt

Just because you have been accused of a domestic crime does not mean you will be found guilty. Evidence must be provided such as witnesses, medical or financial records, or photographs. The histories and actions of both parties will be examined closely. This deep examination is necessary because a guilty verdict will have long-lasting and far-reaching consequences for the accused.

If you are facing charges, contact the criminal defense attorneys at Eisenberg Law Offices immediately. Prompt and early actions can protect your rights and ensure your attorney has all of the facts of the situation available to them early in the case. Early defense is the best defense in these situations.

Schedule a free consultation by calling Eisenberg Law Offices at 608-256-8356 or by emailing us at Info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/wisconsin-domestic-violence-abuse-domestic-violence-crimes/.

Wrongful Death Claims In Wisconsin | Claim Validity

3 Questions That Can Help Prove The Validity of a Wrongful Death Claim in Wisconsin

Wrongful death claims come about after someone has died because of another person's negligence. One of the most common examples of this is car accidents. Reckless or negligent driving, can lead to accidents, which can result in death to passengers or other drivers and passengers on the road. This is considered a "wrongful death" and the family of the person who has died as a result of the accident may decide to pursue a legal claim or lawsuit against the driver responsible for the accident.

These lawsuits are emotional and trying for all parties, but the monetary damages awarded to families of victims are often necessary to help loved ones move on with their lives financially, particularly if the victim was the primary breadwinner. Even so, not every accident qualifies for such lawsuits in Wisconsin. There must be grounds for the suit and the claim must be valid.

Questions That Help Prove Claim Validity

Wrongful death lawsuits often arise after car accidents in Wisconsin, but they can also be brought after a medical accident/medical malpractice, as a result of a crime such as assault, or any other circumstance where another party's actions led to the death. A personal injury attorney will always ask the following three questions when determining whether or not the victim's family has a case:

1. Is there proof that the negligent or harmful actions of the other party caused the death?
2. Can the family of the deceased provide evidence that they are experiencing financial hardship as a result of the accident? This may include medical bills, lost wages/income, funeral expenses, and other pecuniary loss or support. 
3. Has the family appointed one person to act on behalf of the rest of the family as their representative?

If you can answer "Yes" to these three questions, then you likely have enough grounds to file a lawsuit. You will still need to provide evidence to prove your argument, and this is where a skilled injury attorney can help you.

Wisconsin Injury Lawyers Are Here To Help

It is hard to accept an unexpected death and it's even harder when that death happened because someone else was negligent. But it is possible to move forward after these events, particularly if you have sound financial footing such as that which can be obtained through a wrongful death claim. The personal injury attorneys at Eisenberg Law Offices can help you pick up the pieces by sorting through the evidence, building case arguments, and arguing for your need.

If you are struggling after a loved one's unexpected death and wonder if you have a case, contact Eisenberg Law Offices in Madison, Wisconsin for a free case consultation. Call 608-256-8356 or email Info@eisenberglaw.org to discuss your situation.

This post was originally published at https://www.eisenberglaw.org/wrongful-death-claims-in-wisconsin-claim-validity/.

Commercial Driver's License And Drunk Driving In WI

How Drunk Driving Can Affect Your Commercial Driver's License in Wisconsin

Anyone who carries a commercial driver's license or CDL is held to a higher standard of driving responsibility in Wisconsin, particularly in regards to drunk driving. The state's DUI and OWI laws are more severe for CDL holders, which can present additional challenges for convicted drivers because they often depend on their CDL status for work.
Every CDL holder needs to be aware of the special restrictions and requirements of their license surrounding drunk driving and OWIs, which we have outlined below.

Drunk Driving Impacts On CDL Holders

Just as CDL holders are held to a higher standard when testing for and obtaining their license, they are held to a higher standard when maintaining that license. In general, expect the fees, fines, and penalties associated with drunk driving to be higher and more severe for those who hold a commercial driver's license than those who do not.

1. Field Sobriety Testing. Generally, drivers in Wisconsin do not have to submit to field sobriety testing if they have been pulled over on suspicion of driving under the influence. However, if you have a CDL license, you do not get a pass on field sobriety tests; you are legally required to submit to the testing if requested by an officer. Law enforcement officials use a variety of field sobriety tests and it is up to the officer's discretion which test to use. Tests are usually one of the following three:
   1. The Horizontal Gaze Nystagmus Test
   2. The Walk-and-Turn Test
   3. The One-Leg Stand Test

In addition to the three tests shown above, officers can administer a preliminary breath test (PBT) or request a chemical test later. As a condition of your CDL licensing, you cannot refuse to participate in any of these tests.

2. Drinking and Driving. While other license holders may be able to have a beer or two and still be under the legal BAC level of .08%, CDL drivers can't take that risk. CDL license holders cannot have a BAC over 0.0% in Wisconsin, even when they are off-duty and driving their own personal vehicle. Anything over .04% carries the risk of losing your license and possibly your job, in addition to other fines and penalties and may earn you a charge of operating with a prohibited alcohol content (PAC). Penalties associated with OWIs and CDLs are:
   • First Offense OWI: one-year revocation or suspension of the CDL for a first offense conviction of any alcohol-related offense.
   • Second Offense OWI: permanent revocation or loss of the CDL with a conviction of any alcohol-related offense.

Contact Our Wisconsin OWI Attorneys For Help

The stakes are high for CDL holders who rely on their license for their livelihood. If you are facing OWI charges and are worried about losing your CDL, contact the DUI - OWI attorneys at Eisenberg Law Offices immediately. You have as little as 10 days from the time of the arrest to fight the charges. Quick action is necessary to protect your commercial driver's license and your ability to do your job.
Schedule a free consultation by calling Eisenberg Law Offices at 608-256-8356 or by emailing us at Info@eisenberglaw.org today.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/commercial-drivers-license-and-drunk-driving-in-wi/.

Common Questions About Car Accident Lawsuits

3 Common Questions About Wisconsin Car Accident Lawsuits

Most car accidents are minor and never result in severe injury, but some can be quite serious and may lead to car accident lawsuits. A car accident lawsuit is a specific type of personal injury lawsuit that usually comes about when someone suffers a serious injury or even death as a result of a vehicle accident through no fault of their own. In these types of lawsuits, the negligent party may be sued for monetary damages, which can help victims and their families better manage the financial repercussions of the accident.
There are three common questions that any car accident lawyer in Madison, WI will hear when consulting with a potential plaintiff, which are examined below.

1. How Do I File A Car Accident Lawsuit?

Car accident lawsuits are filed by completing a legal document called a "complaint" and submitting it to the local court clerk. The complaint must be in a specific format, it must be filed with the correct court, and it must include the allegations that you are making about the defendant. You will have to prove these allegations in court later on. If you make a mistake in any part of your filing, the case could be dismissed or "thrown out" before it even gets started. This is one reason why we always advise consulting with a car accident lawyer in Madison, WI before proceeding to the courthouse on your own.

2. What If I Bear Some Fault For Causing The Accident?

Wisconsin operates under the tort system and is a "fault" car accident state. This means that someone must be found to be at-fault for the accident. That person is then responsible for all expenses related to their fault responsibility, which could include financial expenses related to property damage, injuries, lost income, and even pain and suffering. The at-fault driver's auto insurance policy should cover some of these damages, up to policy limits. Fault needs to be proved.  This is another reason why early consultation with an experienced car accident attorney is so strongly recommended.

3. How Much Can I Expect To Win In A Lawsuit?

Damages are awarded based on the injuries and losses sustained, the facts of the case, and the evidence presented. Whether or not you are at fault for any part of the accident will also be taken into account. The court or jury will examine medical records and bills, hear testimony from doctors and medical providers and possibly your employer and family to determine a fair amount of damages to be awarded.

Speak With A Car Accident Lawyer In Madison, WI

Pursuing a car accident claim requires the help of an experienced car accident lawyer. These professionals know the ins and outs of the local court system and will file your paperwork correctly. They have experience investigating evidence, building case arguments, and applying the law to win the damages you need.
If you are considering a car accident lawsuit in Wisconsin, call the personal injury car accident attorneys at Eisenberg Law Offices in Madison for advice and representation. Schedule a free consultation by calling Eisenberg Law Offices at 608-256-8356 or by emailing us at Info@eisenberglaw.org today.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/common-questions-about-car-accident-lawsuits/.